Brendan Dassey Criminal Complaint

x n *

State of Wisconsin Circuit Court Manitowoc County

STATE OF WISCONSIN

Plain tiff,

0, A. Casa No. 2Q06CA&&D1D5

-VS-

Brendan R. Dassey

CRIMINAL COMPLAINT

12930A Avery Road
Two Rivers, Wl 54241

Case No,

DOB: fpi/1939
Sex/Race: MW

Defendant,

Thomas Fassbinder, Special Agent with the Wisconsin Department of Justice, Division of
Criminal Investigations, being first duly sworn, states that:

Count 1: FIRST DEGREE INTENTIONAL HOMICIDE - PTAC, AS A PARTY TO A
CRIME

The above-nanted defendant on Monday, October 31, 2005, at 12932 Avery Road,
Town of Gihs&n, Manitowoc County, Wisconsin, as a party to a crime, did cause the death
of Teresa lAT Halbach, with intent la kill that person, contrary to sec. 940.01 (1)[a),
939.50{3)(a), 939.05 Wis, Stats., a Class A Felony, and upon conviction shall be
sentenced to imprisonment for life.

Count 2: MUTILATING A CORPSE - PTAC, AS A PARTY TO A CRIME

The above-named defendant on Monday, October 31, 2005, at 12932 Avery Road,
Town of Gibson, Manitowoc County, Wisconsin, as a party to a crime, did mutilate,
disfigure or dismember a corpse with the Intent to conceal a crime, contrary to sec.
940.11(1), 939.50(3)(f}, 939.05 Wi's. Stats,, a Class F Felony, and upon conviction may be
fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not more then
twelve (12) years and six (6) months, or both.

Count 3: FIRST DEGREE SEXUAL ASSAULT - PTAC, AS A PARTY TO A CRIME

The above-named defendant on Monday, October 31, 2005, at 12932 Avery Road,
Town of Gibson, Manitowoc County, Wisconsin, as a party to a crime, did have sexual
intercourse with Teresa M, Halbach, without that person’s consent by use of a dangerous
weapon, contrary to sec. 940.225(1 }(b), 939.50(3){b), 939,05 WIs. Stats., a
Glass B Felony, and upon conviction may be sentenced a term of imprisonment not to
exceed sixty (GO) years.

PROBABLE CAUSE:

Complainant states that he is a Special Agent with the Wisconsin Department of Justice.
Division of Criminal investigations, and bases this complaint upon the reports and
Investigations of Deputy Bill Tyson, Deputy Dan Kucharski, CpL Leslie Lemieux and
Investigator Mark Wsegert of the Calumet County Sheriff’s Department, as well as
statements of witnesses Ken Bennett, Leslie Eisenberg, Dr. Donald Simloy, Sherry*
Cuihane, Karen Halbach, Steve Harrington and statements of defendants Steven A. Avery

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STATE OF WrSCONSrN - VS - Ursnilan R. Ua«cy

and Brendan R. Oasscy. The statements of Deputy Tyson, Deputy Kueharski, Cpi.
Lernfeux and investigator Wiegert are presumed to be truthful 'and reliable: os made by
sworn law enforcement officiate; the statements of witnesses Ken Bennett. Leslie
Eisenberg, Dr. Donald Sirnley. Sherry Cuthane, Karen Halbach, and Sieve Harrington are
presumed truthful and reliable as citizen informants; and the statements, rif defendants
Steven A. Avery and Brendan RL Oassey are presumed truthful and reliable ja$ they were
made against their penal interests.

Complaina/it Is Informed that on November 3, 2005, Karon Halbach contacted tfie Calumet
Count y Sheri ff's Department. Halbach staled that her daughter, Teresa MrjriS Halbach,
DOB: 4M0f196Q, had not been seen or hoard from since Monday, October 31, 2005.
Halbach said It was unusual for Teresa not to have had personal or telephone! contact with
her family or friends for that length of time. Halbach stated that her daughter was driving a
1939 Toyota Rav 4, dark blue in color, bearing Wisconsin license plaid &SWH552.
Complainant is informed that Corporal Leslie Lemioux of the Calumet County Sheriff's
Department obtained Wisconsin Department of Transportation records for Wisconsin
license plate #SWH582, The records outlined that the vehicle with Wisconsin license plate
f/SWM582 is owned by Teresa M. Halbach, and the ViN for said vehicle Is
JT3HP10V5X71 13044. !l

Complainant *!$ Informed that on November 5. 2005, officers received information from
volunteer searchers that they had located a vehicle matching the description of the vehicle
owned by Teresa Halbach at Avery Auto Salvage located on Avery Road in the Town of
Gibson, County of Manitowoc, Wisconsin, Volunteer searchers had received verbal
consent to search Avery Auto Salvage yard by Earl Avery. Law enforcement was provided
with a partial VIM number and detailed description of the Rav 4 located at Avery Auto
Salvage, which was consistent with that belonging to Teresa M. Halbach. During a visual
observation of the vehicle, law enforcement officials noted that there were tree branches
covering the vehicle and also vehicle parts placed alongside of the vehicle which looked as
though someone had attempted to conceal the vehicle.

On November 5, 2005, a. search warrant was obtained and executed for Avery Auto
Salvage, which included the residences, outbuildings, vehicles and property. During the
execution of the search warrant, Teresa Heibach's 1990 Toyota. Rav 4, VIN
#JT3HP1QV5X7 113044, was found partially concealed. The vehicle was subsequently
seized, secured in an enclosed trailer and transported to the Wisconsin Crime Laboratory
for subsequent search and analysis. On November 6, 2005, a preliminary report was
received from the Wisconsin State Crime Lab indicating a presumptive positive finding of
human blood located within the interior of Teresa Ha I bach’s vehicle. Steven Harrington of
the Slate of Wisconsin Crime Laboratory confirmed that technicians hod located the
presumptive human blood fri the rear cargo portion of the vehicle as well as near the
Ignition area of the vehicle.

Complainant is informed that during a search of the residence of Steven A. Avery, law,-
enforcement located items of restraints within Avery's residence, including handcuffs and
leg irons. Complainant is informed that on November 6, 2005, Deputy Dan Kucharski
searched Steven Aveiy’s bedroom located at 12932 Aveiy Road, Town of Gibson,
Manitowoc County, Wisconsin, where officers located two firearms, identified as a .22
caliber semi-automatic rifle and a .50 caliber black powder muzzleloader. Also ori
November 6, 2005, officers carried out a search of a detached garage next to the Steven

a

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STATE OF WISCOXS fN - VS - Brswbn R. Dawary -

Avery residence located at 12932 Avery Road,, Town of Gibson, Manitowoc County.
Wisconsin. Officers located eleven spent .22 caliber long rifle shell casings on the floor of
the garage.

Complainant ss informed that on November 8, 2005, Deputy Dan Kucharski searched
Steven Avery's bedroom located at 12932 Avery Road, Town of Gibson, Manitowoc
County, Wisconsin. Deputy Kucharski and Manitowoc County Sheriff's Department
Lieutenant James Look located a Toyota ignition key adjacent to a book case.
Complainant is informed that the key located in the bedroom of Steven Avery's residence
was successfully used in the ignition of the Toyota Rav 4 owned by Teresa M. Haibach;
the key successfully turned the ignition of the Haibach vehicle.

Complainant is informed that on November 8 r 2005. while continuing to execute the search
warrant of the Avery Auto Salvage property located on Avery Road in toe Town of Gibson,
Manitowoc County, Wisconsin, Jaw enforcement officials located two Wisconsin license
pistes, bearing Wisconsin license plate rrSWH5A2. in a scrapped vehicle located on the
north end of the salvage yard. The plates were crumpled. The recovered license plates
were later identified as tho license plates that belonged to the 1999 Toyota Rav 4 owned
by Toros a M, Haibach.

'*Z. —

Complainant is informed that on November 5, 2005, officers located a burn barrel dear the
residence of Steven Avery located at 12932 Avery Road, in the Town of Gibson, County of
Manitowoc, Wisconsin. Jn that burn barrel, officers located a burned "Magrmvox M3
Razor" cell phone and "Cannon Powershot A31 0" digital camera, Investigators determined
that Teresa Haibach purchased a M3 Razor cell phone In lata August of 2005, Haibach
also owned a Powershot A310 digital camera and used that camera in her occupation with
Auto Trader Magazine,

Complainant is Informed that on November 8, 2005, while continuing to execute the search
warrant of the property tecated near the residence of Steven Avery located at 12932 Avery
Road in the Town of Gibson, Manitowoc County, ‘Wisconsin, officers located bone
fragments and teeth in a fire pit area located approximately 20 yards south of a detached
garage that Is located next to the residence of Steven Avery. Officers also located
remnants of steel bells of tires that appear to have been utilized as fire accelerants.

The bone fragments located were transported by Dorinda Freymitler, a special agent with
the Division of Criminal investigations, to Ken Bennett, a retired forensic anthropologist,
who identified the bones as being human in nature. Bennett also determined that based
on She characteristics of tho bone, the bones ere consistent with an adult human female.

On November 14, 2005, Leslie Eisenbcrg, Forensic Anthropologist, described Die bone
fragments as the obvious result of mutilation of a corpse, Eisenbcrg stated that almost
every bone in the body or body area is present and has been recovered from the scene.

Tooth fragments that were located in the bum [.lit area were delivered to Dr. Donald
Simley, who is board -certified in forensic odontology and has been practicing forensic
dentistry since 1981. Dr. Simley’s analysis of the teeth fragments Indicated the presence
□f human teeth.

3

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STATE OF WISCONSIN . VS ■ Hrer.ihri ft. D, issey

Ofk November 9, 2005, Steven A. Avery provided a statement to your complainant
indicating that the victim, Teresa Kalbach, was at his home on October 31 , 2005, between
2:00 and 3:00 p,m, Avery stated that he resides a? 12932 Avery Road in the Town of
Gibson, Manitowoc County, Wisconsin, Avery denied ever being in the victim’s car and
indicated ‘hat there was no way his blood could be in her car, Avery admitted to having
personal contact with Teresa Ha! bach that day in his driveway outside of his residence.
Avery stated that he paid Teresa Hal bach S40 fn cash and indicated that Halbach gave
him an Auto Trader Magazine at that time,

On November 14, 2005, your complainant reviewed a report submitted by Sherry L.
Culhane, ON A Analyst with the Wisconsin Department of Justice, Division of Law
Enforcement Services, Wisconsin State Crime Laboratory. Cufhano indicates that btood
found in the interior portion of Teresa Halbach *s vehicle (including on the driver's seat; the
ignition area; the front passenger seat; and the rear passenger door entrance) match the
DNA. profile for Steven A. A very. Culhane also indicates that DMA material found on the
Toyota ignition key, seized from Avery’s 'bedroom, matched the DMA profile of Steven A.
Avery.

Culhane’s report further indicates that blood found in the rear cargo area of the Toyota
Rav 4 iWas^pgalyized, end found to match DNA found upon a "Wild Cherry PegsT can
recovered from the front console of the vehicle. Culhane indicates both DMA samples
originate from the same female individual Culhane compared both samples to a DMA
profile generated: from a "pap smear" of the victim, Teresa Mai bach, end found the DMA
profiles to be a match.

On November 1 5, 2005, in a preliminary report, Culhane indicated to your compiairaant that
a partial DNA profile developed from charred tissue recovered from the bum area Is
consistent with the female DNA prolife developed from the human blood stain in Teresa
H a Ibach’s vehicle, as well as the "Wild Cherry Pepsi" can also located in Teresa Hal bach's
vehicle, This tissue DNA profile was further found- to be consistent with the DNA profile
developed from the victim's pap smear sample.

On February 27, 200o, Investigator Mark Wiegert of the Calumet County Sheriff's
Department Interviewed Brendan R. Dassey. DOO: H^1939, who stated that on
October 31„ 2005, at approximately 3:45 p.m., he got off the school bus and worst to his
residence which is located next door to Steven Avery's residence at 12932 Avery Road,
Dassey slated that ho saw Teresa HalbacfTs vehicle.

On March 1, 2006, Investigator Mark Wiegert and your complainant, Special Agent
Thom as Fa ssbender, again interviewed the defendant, Brendan R. Dassey.
DOB: 4HBN9B9, regarding the disappearance and subsequent' homicide of Teresa
Halbach.

Dassey stated that on October 31, 2005, he went to pick up the mail on his bike and, upon •
returning, ho saw that there was a letter for Steven Avery. Dassey stated that on his way
to Steven Avery's trailer, he passed a burn barrel located on Avery's property. Dassey
slated that he looked into the burn barrel and observed a cell phone and camera inside of
the barrel. Dassey stated that while approaching the Avery residence on his bike, he
heard screams for help coming from Avery's trailer.

^1

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"STATE OF WISCONSIN- vs - Brei', iici fc. Ibswy

Dassey slated that fie then want to Steven Avery’s trailer to deliver the maH. Dassey
stated that when he approached the door to Steven Avery’s residence, ho continued to
hear screams coming from inside the trailer. Dassey described those screams as a female
voice screaming, "Help me." Dassey indicated that he knocked on the door three times
and waited for Steven Avery to come to Hie doer, Dassey stated that after several
minutes, Steven Avery came to the door end Dassey noted that Avery was covered in

sweat, Dassey stated that Steven Avery invited him into the kitchen area of the residence,
Dassey stated that Steven Avery asked him if he wanted to get some of trial stuff and then
asked Dassey if he wanted to get some "pussy." Dassey stated that Steven Avery told
Dassey that he had "fucked" Teresa Halbach and wanted to keep doing it end stated Shat
he wanted to “fuck her so hard." Dassey indicated shat Steven Avery encouraged him to
sexually assault Teresa Halbach as well.

Steven Avery then escorted Dassey into Steven's bedroom whore Dassey observed
Teresa Halbach lying face up on Steven Avery’s bed. Oassey indicated that Teresa
Halbach was nude and was restrained to the bed with handcuffs and teg irons, Dassey
stated that Teresa Halbach was begging him to help her, saying things such as telt him to
stop and don't do this, Dassey stated that Steven Avery told him to “do her’ and “screw
her." Dassey stated that he then had sexual intercourse with Teresa Halbach white Steven
Avery watched. Dassey stated that he had sexual intercourse with Teresa Halbach for
approximately- five minutes. Dassey staled that during this time, Teresa Halbach was
asking him not to do it, asking him to toil Steven to knock It off, and asking him to imcuff
her, and that Halbach was crying.

Dassey stated that ho then put his clothes on, and he and Steven then went out into the
living room and watched TV. Dassey staled that Steven Avery had closed the bedroom
door. Oassey stated that they were in the living room approximately 10 to IS minutes,
Dassey stated that Steven Avery told him, "That's how you do it" and asked Dassey if it felt
good, Dassey stated that Avery told him he did a good fob and that he was proud of him,
Dassey stated that Steven Avery told him he was going to kill Halbach, specifically tie her
up, stab her and choke her, Dassey stated that Steven Avery also talked about getting rid
of her body and that he wanted to burn her body.

Dassey stated that after approximately 10 minutes, he and Steven Avery returned to the
bedroom, where Teresa Halbach was stilt restrained and begging for help. Dassey stated
teat Steven Avery had a knife, which Oassey described as being between six and eight
inches long, that Avery had obtained from the kitchen area, Dassey slated that Steven
Avery toid Halbach that he was going to kill her arid that he was not going to let her go.
while threatening her with the knife. Dassey stated that Avery then used the knife and
stabbed Teresa Halbach in the stomach area, Oassey stated that Steven Avery then
handled Dassey the knife and told Dassey to "cut her throat." Dassey stated that ho then
went over to Teresa Halbach and cut her throat with the knife. Dassey slated that Avery
thenftold Dassey to cut some of Teresa Halbach's hair off, arid Dassey stated that he did,
Dassey stated that Teresa Halbach was still alive at that time, so Steven Avery went over'
to Teresa and put his hands around Halbach’s neck and strangled her for approximately
two to three minutes. Dassey stated that Steven Avery then went to the bathroom and
washed the blood off of his hands, Dassey stated that during this period of time. Steven
also punched Teresa Halbach and had told her to shut her mouth,

5

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STATE OF W3$CON‘$!M • VS ■ HreiidM R. Uswcjr

Dassay stated that he and Steven Avery then unshackled Teresa Halbach arid tied her up
with rope. Dassey and Steven Avery then carried the body of Teresa Halbach Into Steven
Avery's detached garage, where they placed her in the back of her Toyota Rav 4. Dassey
stated that ho believed that Teresa Halbach was dead because he did not see her
stomach moving anymore while they were carrying her. Dassey staled that Steven Avery
wanted to take Teresa's body and dump it in a pond in the Avery Salvage Yard. Dassey
stated that Avery then decided to burn the body instead. Dassey staled that there was
already a fire burning in the burn pit behind Steven Avery's garage; Dassey had observed
this fire burning when he first arrived at Steven Avery's trailer, Dassey and Steven Avery
then removed Teresa Halbach's body from the vehicle and placed her body on the garage
floor. Dassey stated that Steven Avery then went to his residence and retrieved a ,22
caliber rifle and returned to the garage,, where he proceeded to shoot Teresa Halbach
approximately ten times. Dassey stated that ho shot her at least once and possibly three
times in the left side of her head, and the remaining shots were to the mid-section of

Teresa Halbach's body.
Teresa Halbach.

Dassey stated that he did not know why Steven Avery shot

Dassey stated that he and Steven Avery placed Teresa Halbach's body onto a roller
creeper and then transported her body to the fire which was already burning behind
Steven Avery's garage. Dassey stated that he and Steven Avery placed Teresa Halbach's
body on th-ETfffo and proceeded to place tires and brush on top of her. Dassey stated that
he and Steven Avery then used a golf cart to retrieve additional items, including a car seat,
a wood cabinet, and additional brush and tires, which they then placed on top of Teresa
Halbach’s body in the fire pat*

Dassey stated that Steven Avery then drove Teresa Halbach's Toyota Rav 4 back by the
trees of the Avery Salvage Yard near the pond, Dassey stated that he accompanied
Steven Avery in Teresa Halbach's vehicle. Dassey stated that he and Steven Avery tried
to conceal the vehicle by covering it with branches and a car hood. Dassey stated that
Steven Avery then removed She license plates from Teresa Halbach's vehicle and then
opened the vehicle hood. Dassey stated that he did not know what Avery did under the
flood, however, Dassey stated that fie and Steven Avery then returned to Avery's trailer
using the “long way." Dassey stated that upon returning to Avery’s trailer, he observed
Avery pl3ce the key for Teresa Halbach’s Toyota Rav 4 In a dresser drawer in Avery's
bedroom. Dassey stated that Steven Avery told him that he was glad Dassey had helped
him. - Dassey stated that he and Steven Avery then removed the sheets from Avery's bed
and look them out to the fire pit and placed them in the fire. Dassey stated that Steven
Avery had him throw Teresa Halbach's clothing, which were "full of blood cleaned up" on
the fire. Dassey stated that Steven then asked Dassey to assist him in cleaning the
garage floor* Dassey slated that there were two areas of blood located on Steven Avery’s
garage floor. Dassey stated that he and Steven Avery used gasoline, paint thinner and
bleach to clean the floor. Dassey stated that he then received a phone call from tils
mother telling him that he needed to be home by 10 pm Dassey stated that fie then
relumed to his residence, at which time he noticed the bleach stains on his pants.

Dassey stated that he recalled that Steven Avery received two telephone calls from
Avery's girlfriend, Jodi. Dassey stated that he believed that both telephone calls were
received while Teresa Halbach was stilt restrained in Avery's bedroom.

(>

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STATE OF WJSCONSlN • VS . BrcrJan R. Djsny

Dassey stated that Steven Avery had been scratched on the finger and that ft was
bleeding, and he remembered Steven putting a bsndaid on it when he went into his
residence to get the bleach, Dassey stated that Steven Avery told him he was going to
crush Teresa Halbach's car arid commented, "The sooner live belter."

Das say stated he spoke with Steven Avery at a later date, and Avery told him that he
attempted to bury some of Halbach's bones as well as chapped them up with a shoved.
Dassey also stated that Steven Avery told him he used a pail and removed some of her
bones from the burn pit and dumped them in the gravel pit to the west of Steven Avery's
property.

On February 2 7 , 2006, your complainant spoke with Barb Janda. Barb .Janda stated on
October 31, 2005, when Brendan Dassey returned from Steven Avery's residence, Dassey
had bleach stains on his leans, Barb Janda asked Dassey what happened to his Jeans,
and he told her that his jeans were bleached while he was helping Steven Avery clean his
garage floor with bleach, On March 1 P 2006, Investigator Wiegerl recovered the Jeans
worn by Dassey on October 31 , 2005. Investigator Weigert noted that the jeans contained
bteach spats and other stains.

Based on thejoregoing, the complainant believes this complaint to be true and correct.

Subscribed and sworn to before me,
and approved for filing on:

This 2 nd day of March, 2006.

Calumet County District Attorney
Manitowoc County Special Prosecutor

Complainant

-Re-

state Bar No. 1013996

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